Calendar of State Papers, Spain, Volume 8, 1545-1546. Originally published by His Majesty's Stationery Office, London, 1904.
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'Addenda.: Miscellaneous, 1532', in Calendar of State Papers, Spain, Volume 8, 1545-1546, (London, 1904) pp. 580-585. British History Online https://www.british-history.ac.uk/cal-state-papers/spain/vol8/pp580-585 [accessed 17 April 2024]
Miscellaneous, 1532
| 1532. 16 Jan. Simancas. E. R. 858. Latin. | 424. Protest of the Excusator of the King of England against the proceedings in the divorce case before the Pope and the Roman tribunals, sent by Dr. Ortiz to the Emperor. |
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| Protests in his own name and in that of the King and people of England against all writs, articles, depositions of witnesses, and in general against all proceedings which have taken place, or which may hereafter take place, before his Holiness or the Papal courts touching the matrimonial cause of the King of England and Queen Catharine, his pretended wife. | |
| The matter at issue is of the highest importance, both on account of the holiness of the sacrament of marriage, and of the exalted position of the interested parties. | |
| It is therefore of the highest importance that the King of England should be personally present at the proceedings, especially as it would be impossible for him to instruct any other person so perfectly that the latter could faithfully represent his scruples and sentiments. | |
| The ancestors of the King, and the King himself, have been, and are, sovereign lords of the realm of England, and they possessed, as he possesses, many fortresses, towns, cities, and lordships bordering other countries, especially Scotland and France. Experience has proved that whenever Kings, and especially Kings of England, are absent from their realms in distant lands, rebellions, seditions and other troubles break out at home, to the great suffering of rulers and peoples. It is probable that if the present King of England were absent from his country for any length of time, rebellion, civil war, and other calamities would take place, and that on his return it would be difficult for him to restore peace and order. Rome is distant from England more than 1,000 Italian miles. The King is owner in England of many possessions and privileges, and he is the supreme chief of the Government. If he went to Rome, therefore, he would expose his own person and his Kingdom' to grave danger, as he would be obliged to travel through foreign dominions. It is directly opposed to the established custom in England, and to the King's interest, for him thus to imperil his life and realm; and it is consequently evident that the King cannot come to Rome without incurring these dangers. | |
| From the facts here set forth, which are, moreover, notorious, it is clear that the King of England cannot be expected to attend personally any proceedings in the divorce case that may take place in Rome; and still less can he be bound to send a proxy or attorney. | |
| The excusator therefore declares that the citation of the King of England before the Roman courts is null and void; and he protests against all further proceedings in Rome in the matrimonial cause referred to. | |
| Note— The above document is incorrectly calendared by Señor Gayangos, Vol. 4, part 2,p. 363, as “Dr. Ortiz's allegation in favour of the marriage.” | |
| 8 Feb. Simanoas. E. R. 868. | 425. Cardinal of Osma (Loaisa) to Cobos. |
| The English affair is very uphill work. They (the English) do not scruple to make use of the worst artifices of the devil himself to cause delay. The College of Cardinals, bearing in mind the importance of the matter, are likewise inclined to deal slowly with it, and so favour the English objects. The writer is deeply grieved to see how the affair drags, and it is still more painful for him to hint that, in his opinion, the Spanish ambassador (in Rome) is not doing all that he might. It is true that he makes a great show of activity, and, in fact, has done something of late, but he is lacking in knowledge, and above all, in diligence. When he addresses the Pope he speaks without energy, and in a manner to suggest that the matter has no interest for him. Lawyers and members of the Rota say that it is his (Mai's) fault that the divorce case was not finished a year ago. Had not the writer been in Rome the cause would hardly have been commenced, and what the ambassador has done recently has only been in consequence of the writer's energy putting him to shame. The ambassador would make a good Vice-Chancellor, as in that post he would work under the eyes of his master, but he is a very indifferent ambassador. J. A. Muxetula, on the other hand, is an excellent servant of the Emperor. (fn. 1) Rome, 8 February, 1532. | |
| 26 Feb. Simanoas. E. V. 1559. | 426. The Emperor to Mai. (Extract.) |
| The affair of the Queen of England has been so often delayed that it is impossible to consent to any further postponement. Now that the Pope has given his promise, Mai is to take care that judgment is speedily pronounced. The Emperor has not yet received a copy of the brief from the Pope which is to be delivered to the King of England, having missed the bearer on the road, but it will no doubt be delivered to the writer at Ratisbon. The ambassador in England has written, saying that the King has sent a certain Dr. Boner to Italy, in order to solicit the Universities and learned corporations to endorse the opinion pronounced by the doctors of canon law in Paris, that the divorce case should be carried through in England. Begs the Pope not to permit the English to obtain such opinions by bribery and other unlawful means. | |
| Postscript.—After receiving Mai's letters of 9th and 10th February, it seems to me that fresh delay is intended in the divorce case, and that dishonest means are being employed to delay the decision. You must speak earnestly to the Pope about it. | |
| Augsburg, 26 February, 1532. | |
| 26 Feb. Simanoas. E. V. 1559. | 427. The Emperor to Rodrigo Niño. (Extract.) |
| Niño is in the Emperor's name warmly to thank the Seigniory of Venice for not having permitted the Professors of the University of Padua to proceed to Rome and plead the cause of the King of England, although the English ambassador had requested them to do so. The Seigniory acted perfectly rightly in refusing permission to them. The whole object of the English is to delay the final decision of the case. He has been informed by his ambassador in England that the King has again sent a person from England to solicit the Universities and other learned bodies to give an approval of the opinion of the canonists of Paris. This agent of the King is a Dr. Boner. Niño is to watch and oppose his proceedings. | |
| Augsburg, 26 February, 1532. | |
| 12 March. Simancas. E. R. 860. | 428. Cardinal Loaisa (fn. 2) to the Emperor. |
| The Pope convoked a congregation of Cardinals, in which it was decided to send a Cardinal Legate to the Kings of France and England, for the purpose of requesting their aid against the Turks. If the King of France be disinclined to engage in open warfare with the Turk, the Legate is to beg him to remain quiet and neutral in his own country, and to avoid taking the opportunity of the war to raise trouble in Italy or to occupy Genoa and Milan. The writer thinks that the sending of such a Legate to France and England would be prejudicial to the interests of the Emperor, and he therefore spoke to the Pope to this effect. His Holiness thereupon promised to let the matter drop. (Note in the handwriting of Cobos, on the margin of the above, “Very Good!”) The Secretary of the Voyvode who went to England has returned. He reports that the King of England has promised to aid the Voyvode in such a manner as the King of France may consider advisable. The letters that have come to hand from England state, however, that King Henry is not really much disposed to help the Voyode. (Note in margin, by Cobos, “He must continue to send information on this subject.”) | |
| Rome, 12 March, 1532. | |
| 12 March. Simancas. E. R. 858. | 429. Cardinal Loaisa (Bishop of Sigüenza) to Cobos. |
| News from Venice that the Turks are preparing for war. The writer accompanied Juan Antonio Muxetula and the Imperial ambassador (Mai) to see the Pope, who informed them that, according to the news he had received by Venice and Ancona from Constantinople, war was inevitable. His Holiness summoned a convocation of twelve Cardinals for the next day, in order to discuss the means of resistance. When they had assembled, the Pope declared that little assistance could be looked for from France or England. The Nuncio in England had spoken to the King on the subject, but the King had exclaimed in reply that he would not help the Pope against the Turk to the extent of a Carlino, unless the matrimonial cause were delegated to the consideration and decision of French judges. From the Christian King even less can be expected. If he can be prevented from helping the Turks it is all that can be hoped for. The Pope concluded by saying that he would aid the Emperor in defending Sicily, and that he was ready to send a Cardinal Legate to the Kings of France and England, in order to endeavour once more to persuade them to do their duty as Christian princes. If they were unwilling to give active assistance they might at least be induced to remain neutral. The writer considered that the sending of a Legate to France and England would be useless, because before he could arrive in England hostilities with the Turk would have commenced. Besides, both these kings are so busy with their own dishonest schemes that nothing could possibly be got from them, unless the Pope stooped to do their bidding. Moreover the French and English between them would put so much idle stuff into the head of the Cardinal who might be sent to them, that he might become friendly to them and return to Rome an opponent of the Emperor. The contentions of the Kings of France and England would also assume a more plausible appearance in the eyes of people in general if a Legate was sent to them by his Holiness. | |
| The writer is anxious to know what measures are contemplated to prevent the King of France from occupying Milan and Genoa whilst the Emperor is occupied with the war against the Turk. | |
| Rome, 12 March, 1532. | |
| Note. — In a letter of the same date as the above Mai sends somewhat similar information to the Emperor. Muxetula, the special envoy, also writes in the same strain. | |
| 22 March. Simancas. E. R. 858. | 430. Cardinal Loaisa to Cobos. (Extract.) |
| Don Antonio Enriquez has written a book on the divorce case of the Queen of England. Although the book is a weak production, its Latin being as faulty as its arguments, the author has stolen every sentence of it from other writers. It is the same thing with this book as with the songs of Gabriel, which the uncle of Don Antonio, the Admiral, copied and called his own. | |
| Rome, 22 March, 1532. | |
| 26 May. Simancas. E. R. 858. | 431. Iñigo Lopez de Mendoza, Cardinal of Burgos, to the Emperor. |
| The English matter does not make much progress, and the writer fears that such will be the case for some time to come. There are many persons in Rome who care little for what is said, but who are in great fear of what might be done. He has spoken very strongly and openly with the Pope about it, but doubts if it will be of much use. If the pace be not quickened somehow those who have begun the business will never live to see the ending. | |
| Rome, 26 May, 1532. | |
| 4 July. Simancas. E. R. 859. | 432. Mai to the Emperor. |
| It has been strictly forbidden under heavy penalty to speak of what has been decided in the Queen of England's case. He has, however, contrived to hear that the decision is in favour of the Queen, as it has been resolved that the King of England must send his power of attorney, and in default of his doing so the proceedings are to he continued at the beginning of next year, without regard for the English excusator, or for what may be written from England. This resolution is considered by people in Rome to be very satisfactory, although no judgment on the main case has been pronounced. It is to be hoped that the decree will be issued before the beginning of the vacation. In order to gain time it would be advisable to have recourse to the bribery usual in Rome in such cases. (fn. 3) | |
| Rome, 4 July, 1532. | |
| Note. — Similar information was written to the Emperor on the same day by Dr. Ortiz and Cardinal Loaisa. (See Calendar Henry VIII.) | |
| N. D. Simancas. T. e I. 4. Latin. | 433. Draft of an Address from the English Ambassador to the Emperor. |
| The Emperor and the King of England have been, and are, united by true love and friendship. There is however now unfortunately some reason to fear that this holy union may be disturbed by suspicion, and in order to avoid such an eventuality the King of England has ordered me to address to his Imperial Majesty the following observations. | |
| The King of England sent his ambassadors to the Pope for the purpose of complaining of the injustice and evil treatment which he (the King) had received at the hands of the papal legates; they having summoned him to appear in Rome either personally or by a resident ambassador. This citation is not justified by law, as has been confirmed by the decisions of the Universities of Paris and Orleans, by the Chancellor of France, the most learned Cardinals and the presidents of the Parliament of Paris, the highest authorities in canon law. The Pope answered the King of England's complaint by saying that the Emperor did not wish the cause of the divorce to be decided in any other place than Rome; but the King cannot forget the Emperor's promise not to do anything in this affair that could obstruct the ends of justice. The King of England, who has always favoured the policy of the Emperor, is convinced that the latter has no reason to deal otherwise than justly towards him, and trusts that the Pope may have misunderstood the Emperor or have gone beyond his authority in saying that “the Emperor did not wish it” (imperator non vult). If the Emperor has been mistaken with regard to the law, he will, the King is sure, allow the latter to demonstrate the truth to him; and he hopes that after his Imperial Majesty has read the opinion of the Universities of Paris and Orleans, of the Chancellor of France and other councillors, he will no longer entertain any doubt in the matter, and will abstain from intervening in the manner suggested by the Pope. | |
| 2 Aug. Simancas. E. V. 1559. | 434. The Emperor to Cardinal Loaisa. |
| To continue to persuade the Pope to remain friendly and give up his negotiations with France. | |
| Disapproves of the arrest of the Secretary of the late Cardinal Colonna. (fn. 4) Begs his Holiness to release him. The decision adopted in the Queen of England's case does not appear to the Emperor to be so favourable as to arouse the suspicion that it may have been arrived at for the purpose of avoiding the execution of it. He has instructed the ambassador (Mai) to see that the sentence be duly registered in the form prescribed by the law. The Cardinal also must look to this. | |
| Ratisbon, 2 August, 1532. | |
| 18 Sept. Simancas. E. R. 860. | 435. Muxetula (fn. 5) to the Emperor. |
| Letters from France and England report that the Kings of the two countries are on very cordial terms, and intend to have an interview at Boulogne. They declare they will make war next year, the King of France attacking Milan and the King of England Flanders. The writer is not of opinion that these threats have any real foundation, as if the two Kings had any real intention of commencing war they would certainly not talk so much about it. There is, however, no doubt that if the Turks attack Christendom the Kings of France and England will do their best to profit by the opportunity. Rincon, who has treated with the Turks, is a great scoundrel (bribon). The pope is in unfeigned alarm, though the writer is doing his best to comfort him, and to assure him that the threats of England and France are but empty boasting. | |
| Rome, 18 September, 1532. | |
| Oct. Simancas. E. 1457. | 436. News from Italy. (Extract.) |
| The divorce case of the King and Queen of England will be proceeded with in November, and it is reported that it will be speedily concluded. | |
| The Kings of France and England were to have an interview on the 20 October. The King of England intends to bring with him his concubine, Anne, whom he has lately created Marchioness of Pembroke. It is said that her marquisate is endowed with five thousand ducats a year, and that it will enable her to make an advantageous match. The French and English threaten much, not only the Pope but all the world, with this interview and the agreements to be made therein. They say that they will convoke a Council, but it is very improbable that they will do so; and, indeed, it is quite likely that, as happened on a previous occasion, the two Kings will meet and separate without working any miracles. | |